<div dir="ltr">This came up for me regarding an automobile media center containing Linux and other Free Software. It seemed to me that this part would eventually be traded by auto dismantlers, etc. My customer was a major auto part manufacturer with deep pockets and potentially many automobile brands integrating the part. I told them to fulfill the source code distribution responsibility for all downstream parties, and to publish contact information for their dealers, etc. to use if anyone asked about "source code", and ultimately it's on their public web site. As far as I'm aware, this is the default which very many manufacturers of retail items have settled upon. <div><br></div><div>There are things you should consider before distributing the source code with the product. Nobody keeps the box, the manual, and the included software CD. These things go in landfills. If you convey the source code on the products own storage media, about 1 in 10,000 users is going to download it before erasing it, and you've made the product that much harder to install for the other 9999 by adding an additional step of deleting the source code. And then when some user figures out that they _do_ want the source code, it's gone, and the manufacturer can say "I gave it to you once" instead of providing it online.</div><div><br></div><div>The burden of providing source code on a web site is not a high one. It's overstating to call it "unlimited liability", even if it may be a never-ending task.</div><div><br></div><div> Thanks</div><div><br></div><div> Bruce</div></div><div class="gmail_extra"><br><div class="gmail_quote">On Tue, Aug 7, 2018 at 3:53 PM, David Woolley <span dir="ltr"><<a href="mailto:forums@david-woolley.me.uk" target="_blank">forums@david-woolley.me.uk</a>></span> wrote:<br><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex"><span class="">On 07/08/18 21:53, Gustavo G. Mármol wrote:<br>
<blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex">
That´s to say, regardless of the quantities of commercial resellers that it could be in a "distribution binary product´s chain" the original distributor/manufacturer would be the party that in practical terms would provide "the source code offer" to the "final licensee or end users" (despite the fact that the original distributor/manufacturer has no contractual relationship with the commercial redistributor´s end user/customer) and not the commercial redistributors (authorized by the original distributor/manufacturer to distributes their products).<br>
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The whole public licence concept is based on the idea that rights can be given without a direct contract.<br>
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The final distribution step can be non-commercial, leading to an unlimited liability on the last commercial distributor.<br>
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As I remarked, up-thread, it is fairly clear that the intent is to strongly encourage commercial distributors to provide the source code at the same time as the binary. By doing that, they no longer have any obligation.<br>
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I think the practice of making the offer at the top of distribution also applies to embedded linux systems in the UK, e.g. set top boxes. Although it may technically violate the licence, I think that licensors tend to take the view that it does still achieve the spirit of the licence, namely that end users are assured of being able to obtain a copy.<div class="HOEnZb"><div class="h5"><br>
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</div></div></blockquote></div><br><br clear="all"><div><br></div>-- <br><div class="gmail_signature" data-smartmail="gmail_signature"><div dir="ltr"><div><div dir="ltr"><div><div><div>Bruce Perens K6BP - CEO, Legal Engineering<br></div></div>Standards committee chair, license committee member, co-founder, Open Source Initiative<br></div>President, Open Research Institute<br></div></div></div></div>
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